Collaborative family law is an exciting innovation to Scotland. It has developed in the US and Canada over the last ten to fifteen years as an alternative way of resolving family disputes without intervention from the Court. Couples using collaborative family law, along with their solicitors, commit to trying to find a mutually acceptable resolution in a non-confrontational way and without resort to threats to raise court proceedings. You still have the support of your own advising solicitor, as would be the case in a conventional negotiation or litigation, but try to resolve matters through a series of round-table meetings rather than by correspondence between solicitors.

Pros and Cons:

Since there can be no inappropriate threat of litigation in Collaborative family law and there is a commitment to full disclosure of information the climate is very much geared to solution seeking and results in imaginative and flexible solutions which are individually tailored to meet your needs and the needs of your family. Using the Collaborative family law model allows you to maintain control over the way in which your case is run (as opposed to being managed by the Court) and can allow you to resolve matters in privacy
But
If a solution does not emerge and it is necessary to resort to conventional negotiation or litigation then because of the commitments made at the outset of the Collaborative process the solicitors who have been acting in the Collaborative process can no longer act and the parties involved would need to start again with new solicitors.

Edinburgh Office

45 Queen Charlotte Street
Leith
Edinburgh
EH6 7HT

Legal Post: LP-1, Leith
DX 550856, Leith

Tel: +44 (0) 131 555 0616
Fax: +44 (0) 131 553 1523
Email: edinburgh@mhdlaw.co.uk

Glasgow Office

63 Carlton Place
Glasgow
G5 9TW

Legal Post: LP-19, Glasgow 2

Tel: +44 (0) 141 420 2430
Fax: +44 (0) 141 420 2431
Email: glasgow@mhdlaw.co.uk